Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.
Nevertheless, on November 13, 2018, the defendant received a text message from a person who has not been named in the name of the defendant and sent it by phone to the third party who is named in the name of the defendant, and then received the text message "(b) that can drink only for 300 days on a legitimate date. (C)" and sent it by means of leaving one check card connected to the bank account (D) in the name of the defendant in the name of the defendant in the name of the third party. (C) If the defendant borrowed the passbook to be used on the Internet sports earth site, he would give KRW 3 million on each month to the above person who has not been named in the name of the defendant, and then notified the account number and password by telephone, and then transmitted it by keeping it in the name of the defendant in the next convenience store of the C Bank in the name of the defendant in the name of the defendant in the name of the C Bank in the same day.
Accordingly, the Defendant promised to pay compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of a written confirmation of the results of electronic financial transfer, details of transactions, and text messages to the Acts and subordinate statutes;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Imposition of a fine of KRW 50,000 to KRW 20 million within the scope of the applicable sentences;
2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant leased the check card connected to his bank account in his name to a person whose name could not be known.
This is not only likely to disturb the financial order in itself, but also social harm is very high, such as facilitating the crime of Bosing using the account.
In the past, the defendant.